Becker v. IRM Corp., 698 P.2d 116 (1985)

Citation: Becker v. IRM Corp., 698 P.2d 116 (1985)
Parent Document: Becker v. IRM Corp., 698 P.2d 116 (1985)
Jurisdiction: California (state)
Effective Date: 1985-04-29
Original Source: https://www.courtlistener.com/opinion/1172788/becker-v-irm-corp/ ↗

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Strict liability for the conditions of the demised premises has been applied to landlords. Prior to Greenman, it was held that where a landlord represented that a wall-bed was safe, secure and in fit condition at the time of the letting, the plaintiff could maintain an action based on the express warranty. (Shattuck v. St. Francis Hotel & Apts. (1936) 7 Cal.2d 358, 360-361 [60 P.2d 855].) Also, prior to Greenman, it was held that a lessee could recover for breach of an implied warranty of fitness for use when a door to which a folding bed was attached fell and injured him. (Fisher v. Pennington (1931) 116 Cal. App. 248, 249-251 [2 P.2d 518].) Fisher was followed in Charleville v. Metropolitan Trust Co. (1934) 136 Cal. App. 349, 355 [29 P.2d 241] which also involved a folding bed and Hunter v. Freeman (1951) 105 Cal. App.2d 129, 131 et seq. [233 P.2d 65], involving an explosion of a detachable heater. In all four cases, the accident occurred shortly after the tenant went into possession, and it was also held that the warranty liability was limited to "the condition of the premises at the beginning of the term and not to conditions which, unknown to the lessor, subsequently arise." (Forrester v. Hoover Hotel & Inv. Co., supra, 87 Cal. App.2d 226, 232 [196 P.2d 825].)[3] Each of the above cases involved a furnished apartment and the accident was arguably attributable to the furnishings as well as the condition of the demised premises.

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